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(영문) 전주지방법원 군산지원 2016.09.01 2016고합93

공직선거법위반

Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is a candidate for the election of the 20th National Assembly member that was implemented on April 13, 2016 and worked as a volunteer (a planning office) at the D election campaign office that is a candidate registered in the C constituency in the election of the 20th National Assembly member, and Defendant B is a private taxi driver belonging to the Do

No one shall obtain a signature or seal from an elector for an election campaign.

Nevertheless, around March 20, 2016, Defendant A asked Defendant B to obtain signatures and seals supporting D candidates from taxi drivers, and Defendant B conspired to obtain signatures and seals from unspecified number of taxi drivers, who are electorates, in response to D election campaigns.

Accordingly, from March 21, 2016 to March 23, 2016, Defendant B was signed by approximately 15 persons, including C electorate G, in the front taxi platforms in E for three days from March 21 to March 23, 2016, “D candidate is a good person who has been well aware of the candidate before and after the candidate was inside, and the signature supporting him in the election district of this member of the National Assembly is changed.”

As a result, the Defendants conspired to obtain a signature from the electorate for a D election campaign.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement related to H and G;

1. The I Internet News news news news news news articles, and official gazettes;

1. Original signature and seal photograph;

1. Application of the Acts and subordinate statutes of J, K, L, and counterpart internal investigation (Attachment to data for confirmation of the fact of communications) and B telephone content extraction table with signature and seal;

1. Article 255 (1) 18 and Article 107 of the Public Official Election Act and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding six million won each; and

2. The scope of recommendations according to the sentencing criteria; and